Hasselsjo v Dernetro Holdings Ltd.

Landlord wins · Hamilton · 2024-07-17

Adjudicator

L. Sheard

Dispute

Breach of Conditions, Substantial Interference

Notice

Non-payment of rent (N5)

Landlord

Dernetro Holdings Ltd. c/o Effort Trust

Tenant

S.H.

Landlord rep

Rob L. Winterstein

What happened

The Landlord sought to evict the Tenant due to substantial interference with the lawful right and interest of the Landlord by having an excessive accumulation of items in the apartment, posing a fire and life safety risk. The Tenant had failed to comply with a Fire Protection and Prevention Act order to remove combustible materials and maintain clear pathways in the apartment.

The ruling

The Divisional Court quashed and dismissed the Tenant's appeal of the Landlord and Tenant Board eviction order. The court also lifted the stay on the eviction order, allowing it to be enforced on or after August 30, 2024. The Tenant was ordered to pay $10,000 in costs to the Landlord within 90 days.